project, i would be happy to answer them. commissioner crowley: colleagues? i want to commend you. that was very detailed. public comment. >> i want to say that this is a vitally important project for san francisco. we wish you godspeed. crowley: nt speaker, please. >> i have been listening to the comments. it has come to my attention ---i think you commissioners know that!pñi we have avoided dealing with certain issues having to do

with disturbing the soil and r os to circumvent the areas. let's have some accountability and transparency. maybe the people that deal with eir and ceqa can mention this. whenever we find issues like this with the futz people, mention that. also mentioned about other things. the other thing that i am requesting of view and those who participate in the deliberation is to follow the precautionary principale. it is not really about adverse impact to your help or anything of that nature. it is also about informing the

constituents about all of the elements. normally, we would do this at the presidio. we have a checklist. if the constituents and citizens came, they could look at the checklist. if they wanted information about archaeological digs, we gave it to them. if they wanted to know something about the maintenance, we gave it to them to read if there was some new type of technology, we gave them that information. we need to keep the constituents of san francisco informed on all of these topics. thank you very much. commissioner crowley: thank you. any other public comments? seeing none, item 11, the crystal springs pipeline two replacement. can i get a motion? >> so moved.

>> second. commissioner crowley: all those in favor of adopting no. 11, please say aye. the ayes have it. moving on. >> this is a very important item we have just passed. i am happy to see it. commissioner crowley: the next item, michael. >> item number 12, discussion of possible action to improve water systems. the lower crystal springs dam improvement project variants, adopt the required california findings including the mitigation and monitoring and reporting program and authorize the general manager to implement the project in compliance with the charter and applicable law,

subject to the board of supervisors approval where required. it includes the following. obtain from caltrans and san mateo county permits for temporary construction activity. exercise any public commission right under any lease or permit as necessary. in the sheet and execute with owners of properties -- negotiate and execute with owners of properties on the right of way. these include other project related agreements as necessary for the project. obtain permits and approvals from regulatory agencies including the state preservation office, u.s. fish and game, u.s. fish and wildlife service, the fisheries service, the california department of fish and game, the california water control board, the bay area

management district, and california department of transportation. negotiate and execute real estate agreements, financial assurances, and conservation easements related to acquisition as necessary for the project. negotiate and execute any construction agreements or memorandum of understanding with san mateo county related to coordination of the project. notwithstanding these already granted to the general manager, the general manager is not authorized to dispose of any real property in any manner without the approval pursuant to the charter section. implementation will include advertising for construction bids for the project and compensatory actions for the habitat. commissioner crowley: thank you,

michael. >> the lower crystal springs dam is located at crystal springs dam and skyline boulevard. on your mouth, it is right here. -- on your map, it is right here. the project involves a hydraulic improvements. the specific improvements to be built as part of the project include raising the existing wall, modifying the existing spillway, and constructing a larger basin. completing the project will allow us to comply with the division of safety of dams directives and allow us to restore and came back the 16% of storage we lost in the crystal

springs reservoir as a result of the division of safety of dams restrictions imposed in 1983. we're asking you to approve a project variance that has the same components as the proposed project with the exception of the beneficial relief system at san mateo creek for native fisheries. the releases were included in our dir because we anticipate they will be required by agencies as part of the permitting process. the beneficial releases are expected to affect the overall water supply plan. we have someone here to answer any questions you may have on the implementation of the lower crystal springs dam project variants. this is a $20 million project. if you approve it today, the ntb will be issued in approximately february of 2011

to the project will be built in year. completion is slated for 2012. there are major environmental and operational constraints on when we can do work. really do work between march 1 and november 15. -- we can only to work between march 1 and november 15. there were concerns raised by residents downstream from the dam as well as in the town of hillsborough as to the seismic reliability of the dam. the division of safety of dams has confirmed that the dam is safe. nonetheless, we have worked closely with the town of hillsborough in making some commitments to go above and beyond what is required by the state of california to[ the safety. we have committed to conducting the lower crystal springs dam will be the first that we will be evaluating other than the few

assessment programs. we have also had to have extensive coordination with san mateo county on their bridge replacement project. the bridge sits on top of our dam. any delays on our project will impact their project and vice versa. san mateo county will mobilize demolition on the bridge next week. when we are done with our project, they will build a new bridge on top of our dam. that concludes my presentation on the project. any questions? >> i have a question on the beneficial releases and how it if you the t would be great. the beneficial releases have been incorporated into the eir?

marine fisheries service, the california department of fish and game on a scheduled to benefit the resident and migratory fish downstream of the lower crystal springs dam. improvements to the agencies felt were necessary. there has been an extensive amount of study in a short time to come up with what we believe was a=> reasonable and could st of releases. on the environmental side, i am pleased with that result. on the water supply side, there will be a reduction in supply as a result of those releases for customers. i am concerned about the water supply impact. we're looking at that. there is analysis referenced in the document. we need to look into those in

the future. that is what we're talking about, coming back to the commission to talk about that. one thing we're clear on is we are not going to not meet our service goals. that is a commitment. >> so we will get more information as the year goes on as to the actual impact on the water supply? >> yes. >> ok, good. >> it is detailed in this sequel memo that goes into it in the context of ceqa. >> with this impact -- with this -- would this impact the drought? >> it could occur in other years. it is something we're taking seriously as to how we can best

address the potential loss of water supply. >> we have to take care of our customers. >> our fish, too. [laughter] commissioner crowley: and do it on time and on budget. [laughter] we will not walk on water, but we will do a lot. colleagues? we will now open it to public comment. >> i believe the first speaker cards submitted was mr. jensen. >> before i offer comments, i submit a letter noting some problems with the proposed resolution. ñ entertain a revised resolution based on our comments or

anything else, it would be helpful for us to know what you are going to vote on before i make comments. i might like it. i might not. i would like to know what you are going to vote on first. commissioner crowley: before we doi that, i am going to entertain anyone else would like to make public comments. seeing and hearing none -- >> i am josh cooperman. i live downstream from the doam of the creek. i am the ratepayer to the commission. kery!móan account supervisor ine hillsborough district and serve on the advisory committee. i am a resident and and protected by the dam. i am here generally today not to

alert you to some of the issues i have been dealing with since january of 2007 regarding new seismic studies of the dam, before spending up to $4 billion into the system. it is kind of like getting a second doctor's opinion. the initial eir submitted only had one sentence in several thousand pages on seismic safety. it shirk that responsibility to the california division of safety. in my discussions with them, their staff indicated that dam safety is the responsibility of the owner and not merely the regulators. without budgets, they could not handle further studies. as you are probably aware, the last corigns were down in 1977. i believe a more comprehensive process is essential.

because of the dire consequences of the dam failure to my property and my neighbors, the town of hillsborough, the downtown business corporation of san mateo, and the flat lands, the hillsborough city school district has 250 elementary school students that straddle the creek. there is a limited 30-day water supply in the event of a dam failure. there would be consequential adverse impacts to water and sewer bonds on the peninsula and this agency. i respectfully request that steve ritchie's commitments made in a letter to the town of hillsborough be solidified and made part of your motion on this matter and be made a commitment of this body as well-wishers

death. i do want to thank steve ritchie -- be made a commitment of his body as well as your staff. i do want to thank steve ritchie and others for their efforts in educating me on this essential effort, specifically to steve ritchie for his commitment to the town of hillsborough and the well-being of both the city and county of san francisco and the neighboring peninsula cities. thank you very much for your time. [tone!] >> good morning. i am the town engineer for hillsborough. i would also like to thank the staff for meeting with the town and starting the process through which we will update the seismic analysis of the dam and also

deal with a number of issues of coordination with the hillsborough school district, office of emergency services, and update some of the information in case of the dam failure. there is a letter from mr. steve ritchie and also a letter from the town to the commission that is referenced in the records of the meeting. i am also handing out an additional copy of this bid request costing -- i am also handing out an additional copy. we are requesting that you include these. we are supporting the improvements outlined. we look forward to working with your staff to make this project happen. that is essentially my presentation. if you have any questions, i would be happy to answer them. commissioner crowley: thank you.

any other public comments? [unintelligible] i was only now going to give you one opportunity. [laughter] but the amendment to the resolution? commissioner crowley: we did have a discussion today with respect to the amendment and long negotiations with our organization. do you want it read into the record or would you like to respond first? >> if you could read into the

record, then i could respond. >> these are staff-initiated proposed changes in the resolution. there should be copies out there. they are over on the table. if anyone wants to read along, there is an amendment to the whereas clause. it begins, as a result of implementing a minimum release schedule to the creek in combination with the proposed greeks, the sfp may not be able to meet the water supply objectives between 2013 and 2018 without a reduction in demand, increased rationing, and for a supplemental water supply.

the proposal is to add the following sentence. adopted with the deferred decision regarding long-term water supply after 2018 and 32030 until the sfpuc undertook further planning and analysis. it would be adopted -- if adopted, it is assumed this commission would visit water supply again in 2018. the minimum release schedule on water supply issues are discussed in the memorandum dated august of 2010 and are included in the files for this project. effects of the possible change on water supply are also discussed in the variants chapter of the final eir. the second change would be in the causes of the proposed commission resolution.

this is the resolved clause. it is further resolved that this commission directs staff to continue monitoring water supply and demand to determine whether the commission should consider other strategies to meet demand up to 2018. it adds the following language, to provide to this commission for consideration the interim supply allocation in december of 2010 in accordance with the existing contractual obligations and provide information to the commission and the public by march 31, i sfpuc has the capability to attain the water supply levels of service and contractual obligations. there is an additional amendment that reads -- the commission does not authorize the general manager to deviate from water supply levels of service

adopted, an sfpuc staff shall confer with the commission on adding language regarding additional water supply reliability strategies if conditions necessitate such strategies prior to 2018. i will not@3 read the part we ae deleting. we can take public comment on this language if you decide to move these proposed staff amendments. commissioner crowley: i will entertain a motion. >> >> thank you. art jensen. there are a number of city and water agencies present this morning.

the vice chair from lead with city wanted to be here but have a conflict as did the council member from east palo alto. the chair would want to be here, but he is out of town unfortunately. we did receive the documents before the commission for consideration. we did submit a letter expressing strong opposition. we have worked with your general manager and staff to see if the issues to be resolved. i think there has been some success there. the proposed changes to the resolution deal with the most critical problems. if the commission were to adopt a new revised resolution, that would be an action that we would support. on remaining issues, we would work with your staff separately together the additional information we think is important for us to have. beyond that, i wanted to note and read for the record a sentence from our ledger. we recognize the help of

fisheries is an important public policy concern. the concern is not about the releases themselves with the impact on water supplies and whether those will be mitigated. i think the revisions to your resolution set forth the timeframe that help address the issue. if you have any questions, i would be happy to answer them. commissioner crowley: thank you so much for working so hard on this. any further public comments? counsel, we do have an amendment addressing the hillsborough issue. is it best to do that at this point in time? >> as i understood the request from the speaker, it was to incorporate the offers that steve ritchie made in the letter. the only concern i would have

is that this not be considered as a condition of approval of the project. commissioner crowley: we could read the proposed amendment. >> the proposed amendment would read that the san francisco puc urges the general manager and staff to proceed with due haste on the items outlined in steve ritchie's october 12 letter and report back to the commission on the implementation of those agreements made with the city of hillsborough. commissioner crowley: is that acceptable as a friendly amendment to incorporate? >> i think so. commissioner crowley: anything? >> can we add that in?

>> it would be of further resolved. commissioner crowley: it can be done without further objection. i move to adopt item 12. the ayes have it. >> item 13 is discussion of possible action to improve -- approve the water project on the tracy water treatment plant long-term improvements project, adopt the california water act findings, including the mitigation monitoring and reporting program and authorize the general manager to implement the project in compliance with the charter and applicable law and subject to board of supervisors approval where required. obtain from the california department of transportation san mateo county and city of san

bruno permits. exercise any right under any easement,]umñ necessary tordúi negotiate and execute with owners of property or facilities adjacent to or in the vicinity of the right away this would include other project-related agreements as necessary. this authorization includes the authority to execute -- exercise any rights under lease agreement from the city or county of san francisco and skyline stables corporation, including but not limited to the rights reserved to the city with respect to leased premisesjr to use, opera, maintain, expand, replace facilities as necessary to implement the project. the general manager may also in

compliance with code undertake the process. the general manager is also authorized to negotiate and execute agreements with skyline, shareholders, and tenants as necessary to secure possession of property to expedite implementation of the project subject to board of supervisors approval is required. any agreements must be consistent with puc policies and applicable laws. enter into agreements with state ó but not limited to u.s. army and wildlife service, national marine fisheries service, california fish and game, and bay area quality management district. they can enter into agreements with third parties as necessary.

notwithstanding the authority granted to the general manager by the resolution, the general manager is not authorized to dispose of any real property in of the puc pursuant to the implementation will includei.ar advertisements for contracts. >> the third project is the harry tracy water treatment plant. area of san mateo county near interstate 280. small portions of the site are within the city of millbrae. =-m the regional system. it provides treatment of the water stored in the peninsula reservoir. the plant was built in 1972. it was expanded lat